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HomeMy WebLinkAbout1979-06-19Approved July 17, 1979 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, JUNE 19, 1979 - 7:00 PM COMMISSIONERS PRESENT: Higgins, Russell, Stern, Cohen, Bazil, Paone COMMISSIONERS ABSENT: None (Commissioner Stern arrived at the meeting at 10:00 p.m.) The meeting was called to order by Acting Secretary Palin at 7:05 p.m. After pledge of allegiance and roll call, Mr. Palin informed the Commission that with the Chair vacant and the Vice -Chairman absent,it'will be necessary to elect a Chairman Pro Tempore to chair the meeting. ON MOTION BY COHEN AND SECOND BY BAZIL FRANK HIGGINS WAS NOMINATED ,AS. CHAIRMAN PRO TEMPORE. ON MOTION BY HIGGINS AND SECOND BY RUSSELL TIM PAONE WAS NOMINATED AS CHAIRMAN PRO TEMPORE. Mr. Higgins was elected and assumed the chairmanship of the meeting. Prior to consideration of the consent calendar the Commission's attention was directed to a parking layout submitted to the Planning Department late today depicting the design of parking and street closure for the project under consideration in Item A-5, Conformance with General Plan No. 79-11. At the request of Commissioner Bazil, legal counsel and staff dis- cussed the provisions of the By Laws concerning replacement of the Commission's chairman. After review of the alternatives and dis- cussion of Commission goals and philosophy, it was the consensus to proceed with nomination and election of a chairman. ON MOTION BY BAZIL AND SECOND BY HIGGINS TIM PAONE WAS NOMINATED AS COMMISSION CHAIRMAN. ON MOTION BY RUSSELL AND SECOND BY HIGGINS THE NOMINATIONS WERE CLOSED. TIM PAONE WAS ELECTED CHAIRMAN BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: None Mr..Paone assumed chairmanship of the Commission. Minutes, H.B. Planning Commission June 19, 1979 Page 2 CONSENT CALENDAR: At the request of Commissioner Higgins, Item A-5 was pulled from the consent calendar for separate consideration. At the request of Commissioner Cohen, Item A-4 was pulled from the consent calendar for separate consideration. ON MOTION BY HIGGINS AND SECOND BY RUSSELL THE CONSENT CALENDAR ITEMS A-1/A-3 (CONSISTING OF THE MINUTES OF JUNE 5, 1979, REQUEST FOR EX TENSION OF TIME FOR THE "Q" ZONING PREFIX ON ZONE CHANGE 77-27, AND RESOLUTION NO.1247) WERE APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: None ITEM A-4 - CONFORMANCE WITH GENERAL PLAN NO. 79-10 (Abandonment of Pedestrian Walkway between Kukui and Kamuela Drives) The Commission reviewed the proposal and staff explained the options available. ON MOTION BY COHEN AND SECOND BY BAZIL THE COMMISSION DETERMINED TO RECOMMEND CLOSURE OF THE PEDESTRIAN WALKWAY WITHOUT VACATION OF THE RIGHT OF WAY, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: None ITEM A-5 - Continued to the discussion portion of the agenda. ORAL COMMUNICATIONS: None REGULAR AGENDA ITEMS: TENTATIVE TRACT 9921X/NEGATIVE DECLARATION NO. 79-35 Applicant: Family Home Builders To permit establishment of a 17 acre industrial park located on the south side of Slater Avenue east of the Pacific Electric Railroad tracks. Legal Counsel James Georges, who had been instructed at the prior meeting to research the legality of the "not a part" parcel, advised the Commission that the developer of the subject project could not be penalized for the seller's failure to legally divide the property and Condition 10 is therefore invalid and cannot be applied if the owner of the property refuses to cooperate. However, he expressed -2- 6-19-79 - Page 2 Minutes, H.B . Planning Commission June 19, 1979 Page 3 the further opinion that the condition might be properly imposed if it were limited to a period of sixty (60) days. The continued public hearing was reopened. Howard Colburn, engineer, addressed the Commission to state that 'the applicant had concurred with the imposition of suggested Condition of Approval No. 10, requiring that the "not a part" parcel be incorporated into the development; however, he said that he did not feel it would be possible to obtain the cooperation of the property owner of that parcel. There being no other persons to address the Commission, the public hearing was closed. The Commission discussed the applicability of the condition of approval and the method of future legalization of the not a part parcel. ON MOTION BY BAZIL AND'SECOND BY RUSSELL NEGATIVE DECLARATION NO. 79-35 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: None ON MOTION BY BAZIL AND SECOND BY RUSSELL TENTATIVE TRACT MAP NO. 9921X WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed subdivision is in substantial conformance with all applicable provisions of the Huntington Beach Ordinance Code. 2. The proposed subdivision complies with the City's General Plan land use designation on the subject property as general industrial. CONDITIONS OF APPROVAL: 1. The map received and dated May 24, 1979 shall be the approved layout. 2. The sewer, water, and fire hydrant system shall be designed to City standards. These systems shall be installed and in operable condi- tion prior to the occupancy of the first parcel of each phase. 3. The developer shall be responsible for all streets and utility improvements. 4. The water system shall be through the'City of Huntington Beach water system. -3- Minutes, H.B. Planning Commission June 19, 1979 Page 4 5. Sewage disposal shall be through the City of Huntington Beach sewer system. 6. Prior to Phase II or before any additional load is placed on the Crabbe Lane lift station, a force main shall be installed by the applicant from the sewer lift station on Crabbe Lane to the county sewer main on Slater and Nichols Street. 7. Drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of any parcel or parcel map. This system shall be designed to provide for siltation and erosion control both during and after construction of the project. 8. All fire safety systems shall be installed by the developer as required by the Fire Department. -9. Full street improvements shall be constructed on each of the streets prior to occupancy of any parcel of land that abuts that street. 10. Vehicular access rights shall be dedicated to the City of Hunting- ton Beach along Slater Avenue on the north side of Lot 3. 11. A fifteen (15) foot storm drain easement shall be established along the south line of Lot 20 at the southwesterly corner of the subject tract. 12. An emergency vehicle easement shall be established along the sewer and storm drain easement east of Lot 10. The Fire Department shall review and approve the proposed development design for this lot in order to allow proper access into the tract via this emer- gency access easement. 13. All building spoils such as unusable lumber, wire, pipe, and other surplus or unusable material shall be disposed of at an offsite facility equipped to handle them. 14. If lighting is included in the parking lot, energy efficient lamps shall be used. All outside lighting shall be directed to prevent spillage onto adjacent properties. 15. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include onsite soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 16. Prior to the approval of or issuance of a grading permit, the pro- ject developer shall provide written evidence to the Planning Directo that a qualified archaeologist has been notified and invited or retained to be onsite during grading or other significant ground disturbing activities. The archaeologist shall be present at a pregrading conference, shall establish procedures for cultural and 1 -4- 6-19-79 - P.C. Minutes, H.B. Planning Commission June 19, 1979 Page 5 scientific resource surveillance, and shall establish in coopera- tion with the pr-)ject developer procedures for temporarily halting or redirecting work to permit the sampling, identification, and evalua- tion of artifacts or fossils as appropriate. If cultural/scientific features are discovered, the archaeologist and/or paleontologist shall report such findings to the project developer and to the Planning Director. If the cultural/scientific features are found to be significant, the Planning Director shall determine appropriate action in cooperation with the project developer which ensures that the resources will not be destroyed during exploration or salvage. A time limitation of ten (10) days shall be placed on any work stoppage for the above purposes. 17. Environmental assessments shall be required for additional struc- tures proposed on all development beyond Phase I. AYES: Higgins, Russell, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: None ON MOTION BY BAZIL AND SECOND BY HIGGINS THE LEGAL DEPARTMENT WAS INSTRUCTED TO PREPARE A NOTICE OF INTENT TO FILE A VIOLATION AND INFORM THE OWNER OF PARCEL B THAT HE IS IN VIOLATION OF ORDINANCES 9904 AND 9920 OF THE HUNTINGTON BEACH ORDINANCE CODE. MOTION CARRIED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: None TENTATIVE TRACT 10719 (REQUEST FOR REVISION OF CONDITION) Applicant: F.W. Development Request for revision of a condition of approval previously imposed on a 51-lot subdivision -on the east side of Lake Street, south from Adams Avenue to 1320 feet north of Indianapolis Avenue. Savoy Bellavia called the attention of the Commission to the communi- cation from the Parks and Recreation Commission in regard to the mini -park at the northeast corner of Memphis Avenue and Lake Street, which the applicant is asking to have removed from the conditions of approval. The Parks and Recreation Commission has also recom- mended that the park not be retained by the City. A MOTION WAS MADE BY RUSSELL AND SECONDED BY HIGGINS THAT THE COM- MISSION RECONSIDER CONDITION OF APPROVAL NO. 12 FOR TENTATIVE TRACT 10719. In the ensuing discussion, the Commission considered the possibility of reconsidering the entire tract and were advised by counsel that as the motion stands that would not be permissible. Mr. Russell -5- 6-19-79 - P.C. Minutes, H.B. Planning Commission June 19, 1979 Page 6 indicated his willingness to amend his motion to include the total development; howeve- the second to the motion did not agree. Ron Lacher of Public Works informed the Commission that it is still the position of that department that Oswego Avenue should not be deleted and Commissioner Bazil discussed alternate alley sections for the development. Both the maker and the second then withdrew the motion. ON MOTION BY RUSSELL AND SECOND BY COHEN THE COMMISSION DETERMINED TO RECONSIDER TENTATIVE TRACT 10719 IN ITS ENTIRETY, BY THE FOLLOWING VOTE: AYES: Russell, Cohen, Paone NOES: Higgins, Bazil ABSENT: Stern ABSTAIN: None The Chairman opened the meeting for public testimony. Charles Hermansen and Frank Woolsey addressed the Commission in support of their project and in favor of elimination of the park site. ON MOTION BY BAZIL AND SECOND BY RUSSELL THE CONDITIONS OF APPROVAL FOR TENTATIVE TRACT NO. 10719 WERE AMENDED BY REVISION OF CONDITION OF APPROVAL NO. 12 AS FOLLOWS, BY THE FOLLOWING VOTE: REVISED CONDITION OF APPROVAL NO. 12: 12. It is recommended that the extension of the right-of-way of Knoxville Avenue through the subject property be abandoned by the City. When and if such action is taken, the following shall apply: 12a. An easement acceptable to the Department of Public Works shall be.established for the existing eight (8) inch water main within the Knoxville Avenue extension. 12b. The lot lines of the tract shall be redrawn to the satis- faction of the Planning Director to reflect adjustment according to the abandonment of Knoxville Avenue extension. 12c. The proposed alley located along the easterly property line of the subject tract shall be continued over the easterly portion of the abandoned Knoxville Avenue exten- sion. AYES: Higgins, NOES: Cohen ABSENT: Stern ABSTAIN: None Russell, Bazil, Paone All other previously applied conditions of approval shall remain valid. -6- 6-19-79 - P.C. 1 Minutes, H.B. Planning Commission June 19, 1979 Page 7 DISCUSSION ITEMj: SEACLIFF OIL ISLAND ZONING Staff presented district maps showing locations and present zon- ing designations on the oil islands existing in the Seacliff developments, and Commission reviewed the compatibility of those zoning designations with the immediately adjacent residential uses. Commissioner Higgins indicated his decision to abstain in the voting on this matter because of possible conflict of interest. ON MOTION BY COHEN AND SECOND BY BAZIL STAFF WAS DIRECTED TO PREPARE ZONE CHANGES FOR THE COMMISSION'S CONSIDERATION WHICH WILL BRING THE OIL ISLANDS INTO CONSISTENCY WITH THE SURROUNDING AREAS, BY THE FOLLOWING VOTE: AYES: Russell, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: Higgins Acting Secretary Palin informed the Commission that the earliest these changes could be brought back to the Commission would be in August, 1979. HOUSING ELEMENT OF THE GENERAL PLAN/DESIGNATION OF COMMISSION APPOINTEE TO THE LOW COST HOUSING SUBCOMMITTEE June Catalano made a brief presentation on the need for completion of a new Housing Element of the General Plan, explaining that HCD has given the City an informal three-month extension of the due date of July 1, 1979. It is expected that the Cityts program will be before the City Council in November of this year. She further explained that the Attorney General has interpreted compliance with the State guidelines as mandatory and failure to comply could result in litigation in regard to any future subdivision approvals. Commissioner Bazil was appointed as the Commission's representative on the Low Cost Housing Subcommittee. URBAN HORSE KEEPI1"4G Sue Springer, representative of the local chapter of Equestrian Trails, Inc., gave a slide presentation of how other municipalities have handled the keeping of horses within an urban environment. She urged that the City consider providing an equestrian center in the Central Park, that types of housing that would accommodate the equestrian use be pursued, that a system to interconnect all the existing equestrian trails be installed, and that the present -7- 6-19-79 - P.C. Minutes, H.B. Planning Commission June 19, 1979 Page 8 practice of permitting equestrian uses by variance be changed for a permanent zoning designation. The Commission discussed the presentation with Ms. Springer and reviewed the status of the equestrian ordinance and the rewrite of Division 9. MIXED USES IN M1 AND M1-A DISTRICTS Robert Michelson made a slide presentation depicting developments in other cities which have been constructed and are in operation as mixed commercial/industrial uses, showing how such uses can be made attractive and compatible. He reviewed the draft mixed use ordinance which had been prepared by staff and suggested changes which would aid both in providing flexibility for the developer and retaining City control over the types of uses which would be allowed in such complexes. The Commission discussed the information, including review of the financial feasibility of such a project and the ratios of uses which might be established by code. After the discussion, it was the con- sensus of the Commission that a study session should be scheduled to consider such an ordinance, with information provided by staff in regard to the experience of other jurisdictions with operating fac- ilities of this nature, the types of uses, vacancy factors, and other economic information pertaining to existing complexes. TENTATIVE TRACT 8688X Request for Revision Acting Secretary Palin reviewed briefly the history of this existing industrial tract, pointing out that Kaiser -Aetna had been granted some flexibility in lot size for this area in the Oceanus Street vicinity, in case they were not able to obtain users for the large lots originally provided. A request has now been submitted to the City for further subdivision of this area, with a private street access into the rear lots, and the Commission is being asked to agree to this concept. In response to Commissioner Cohen's inquiry, Mr. Palin said that the original objection to private streets had been the Fire Department's concern that inadequate control could be exer- cised over private streets in regard to emergency access and park- ing enforcement. Mel Ott, Fire Captain, indicated that the Board of Zoning Adjustments had reviewed this layout and it has provided a good design for cir- culation and drive widths with the private streets as requested. After assurance that the Board of Zoning Adjustments has the authority to control street width, possible reciprocal easements, etc., it was the consensus of the Commission to grant approval in concept to use of private streets in the area covered by the applicant's request. -8- 6-19-79 - P.C. Minutes, H.B. Planning Commission June 19, 1979 Page 9 ON MOTION BY BPZIL AND SECOND BY HIGGINS THE PRIVATE STREET CONCEPT WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: None Commissioner Stern arrived at the meeting at this point. TENTATIVE TRACT NO. 10248/CONDITIONAL USE PERMIT NO. 78-3 Applicant: Ayres Request for approval of revision to the approved map for this Planned Residential Development located at the corner of Beach Boulevard and Atlanta Avenue. Ren Newcome, representing the applicant, explained that an additional unit had been added during design of the model complex. Acting Secretary Palin pointed out that the additional unit still leaves the complex well within the allowed density on the land. Commissioner Bazil noted that the open space has not been reduced and no encroachment into the setbacks has been requested, and for those reasons he could see no objection to approving the addi- tional unit. ON MOTION BY COHEN AND SECOND BY RUSSELL THE REVISION TO THE SITE PLAN TO REFLECT TWO FOUR -UNIT COMPLEXES AT THE NORTHEAST COR- NER OF THE ENTRY DRIVE OFF ATLANTA AVENUE WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None HOUSING AND COMMUNITY DEVELOPMENT CITIZEN ADVISORY COMMITTEE Steve Kohler advised the Commission that the Sixth Year Block Grant Application is getting under way and asked for two repre- sentatives from the Commission to the Citizen Advisory Committee which is charged with reviewing the block grant program and making sure that the community development programs mandated by the Fifth Year Block Grant still meet the needs of the various neighborhoods. Stan Cohen and Tim Paone were appointed delegates to thie committee. FIRE STATION MASTER PLANNING COMMITTEE Frank Higgins was appointed as the Commission's delegate to this committee. -9- 6-19-79 - P.C. Minutes, H.B. Planning Commission June 19, 1979 Page 10 CONFORMANCE WITH GEIERAL PLAN 79-11 Addition of Parking Area on Central Park Drive Savoy Bellavia described the request from the Harbors, Beaches, Parks and Recreation Department for parking use on Central Park Drive easterly from„Edwards Street into the park to Cliffview Drive, to consist of diagonal parking on each side of the street and striped diagonal parking spaces in the center of the street leaving two 15-foot travel lanes as access into the area. The plan also proposes the closing of Cliffview Drive by a cul-de-sac through the use of a 42-inch high chain link fence with a 20-foot chained opening as emergency access for the Fire Department. Jim Palin outlined the concerns of the Planning Department with the proposal. These include the fact that the layout results in a public street which does not conform to the standards adopted by the City for public street sections, will seriously affect the access of the neighboring residents to their homes without providing them an opportunity to present their concurrence or opposition, the plan does not improve the aesthetics of the street, and it has in the past been the City's practice to close a public street through processing of a precise plan with a public hearing and notice to property owners. Mel Ott indicated that the Fire Department has concurred with the emergency access into Cliffview Drive via the chain opening and that the layout technically meets Fire Department standards for private drives but not for public streets. He added that the department had received the proposed layout shortly before five o'clock today and had not reviewed it as yet. The discussion of the Commission included concerns with the access to homes through what is in effect a parking lot, the use of chain link to close the .cul-de-sac of Cliffview Drive, and the lack of citizen input. Commissioner Bazil, noting that he is opposed to the parking layout from Edwards Street to the entrance into the tract (at Mira el Rio) and would prefer to hold a public hearing on the project, suggested that perhaps Council policy has already been set on the matter and the Commission might wish not to hold up the pro- ject if that were the -case. A MOTION WAS MADE BY STERN AND SECONDED BY COHEN THAT IF THERE IS A DESIRE ON THE PART OF THE DEPARTMENT OF HARBORS, BEACHES, PARKS AND RECREATION TO HAVE PARKING FROM EDWARDS TO CLIFFVIEW DRIVE ON CENTRAL PARK DRIVE THAT IT BE -CONSIDERED AT A FULLY AND DULY NOTICED PUBLIC HEARING WITH NOTICE BEING SENT TO ADJACENT PROPERTY OWNERS. MOTION FAILED BY THE FOLLOWING VOTE: AYES: Russell, Stern, Cohen NOES: Paone, Bazil, Higgins ABSENT: None ABSTAIN: None [1 -10- 6-19-79 - P.C. Minutes, H.B. Planning Commission June 19, 1979 Page 11 ON MOTION BY BAZIL AND SECOND BY HIGGINS THE COMMISSION RECOMMENDED APPROVAL OF USE OF THE STREET FOR PARKING WITH THE REQUIREMENT THAT A 40-FOOT WIDE OPEN TRAFFIC LANE BE PROVIDED FROM EDWARDS STREET TO THE ENTRANCE STREET INTO THE TRACT (MIRA EL RIO) AND THAT THE PARKING FROM THAT POINT ON CENTRAL PARK DRIVE TO CLIFFVIEW DRIVE AND THE CLOSURE OF CLIFFVIEW DRIVE BY A CHAIN LINK FENCE BE BROUGHT BACK TO THE PLANNING COMMISSION FOR REVIEW AT A FULLY NOTICED PUBLIC HEARING, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Cohen, Bazil, Paone NOES: Stern ABSENT: None ABSTAIN: None PLANNING DEPARTMENT ITEMS: Savoy Bellavia informed the Commission of the Subdivision Committee meeting on Thursday, June 21, 1979. Acting Secretary Palin reviewed the City Council meeting of June 18, 1979 for the Commission's information. He reported the Council's action in sustaining the Commission's denial of the Casa del Sol condominium conversion request and reviewed with the Com- mission possible City Council action in regard to boards and com- missions pertaining to the Planning Department. STAFF ITEMS: Legal counsel Jim Georges reported as requested on provision of the California Environmental Quality Act in regard to time limitations for archaeological investigations; his conclusion was the CEQA does not address the question. COMMISSION ITEMS: Commissioner Bazil requested that the next study session include consideration of the land uses within the area bounded by Hunt- ington Street, Atlanta Avenue, and Lake Street. Commissioner Cohen requested information on the status of the suit against the Commission in regard to Conditional Use Permit No. 7'9-8. He was informed by Jim Georges that the suit has no validity unless and until proper service is performed. The meeting was adjourned at 11:00 p.m. ames W. Palin Tim Paone Acting Secretary Chairman :df